In the matter of DCT Projects Pty Limited [2015] NSWSC 1696

Supreme Court New South Wales

Medium Neutral Citation: In the matter of DCT Projects Pty Limited [2015] NSWSC 1696 Hearing dates: 11 September 2015 Decision date: 11 September 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Note the undertaking of the Plaintiff, DCT Projects Pty Limited, that it will pay into Court in the appeal proceedings, 2015/178979 within 28 days, the amount of $119,117.95. Order the Plaintiff pay the costs of this application on an ordinary basis up to and including 29 July 2015, and from that date to today on an indemnity basis, as assessed or as agreed. Catchwords: CORPORATIONS – creditor's statutory demand — where the debt the subject of the statutory demand was a judgment debt – where applicants sought to provide evidence of grounds of appeal to substantiate application to set aside the demand – whether to set aside the demand pursuant to s 459J(1)(b) of the Corporations Act 2001 (Cth). Legislation Cited: - Corporations Act 2001 (Cth) pt 5.4, s 459J(1) Cases Cited: - Adamopoulos v Olympic Airways SA (1990) 95 ALR 525 - Re Amy Holdings Pty Ltd; Re Land Enviro Corp Pty Limited [2014] NSWSC 1176 - Calderbank v Calderbank [1975] 3 All ER 333 - Cranney Farm Pty Limited v Corowa Fertilizers Pty Limited [2011] NSWSC 9 - Handberg v MIG Property Services Pty Limited [2012] VSCA 126 - Portrait Express (Sales) Pty Limited v Kodak (Australasia) Pty Limited (1996) 20 ACSR 746 - Timberland Property Holdings Pty Limited v Schindler Lifts Australia Pty Limited [2011] NSWSC 466 Category: Principal judgment Parties: DCT Projects Pty Limited (Plaintiff) Champion Homes Sales Pty Limited (Defendant) Representation: Counsel: B Douglas-Baker (Plaintiff) C Stomo (Defendant)